Georgia Divorce Laws

The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.

Legal Grounds for Divorce

No Fault Divorce: Irretrievable breakdown of the marriage.
[Code of Georgia Annotated; 19-5-3].

General Divorce:

Impotence

Adultery

Conviction of and imprisonment of over 2 years for an offense involving moral turpitude

The wife was pregnant by another at the time of the marriage unknown to the husband

Incest

Property Distribution

Georgia is an “equitable distribution” state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.

Alimony and Spousal Support

Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse’s desertion or adultery. The following factors are to be considered:

The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse

Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:

The suitability of each parent as custodian

The psychological, emotional, and developmental needs of the child

The ability of the parents to communicate with each other

The prior and continuing care that the parents have given the child

Parental support for the other parent’s relationship with the child

The wishes of the child (considering the child’s age and maturity)

The safety of the child

The geographic proximity of the parents

Any custodial agreements of the parents

Any history of domestic abuse

There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.

Child Support

Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents’ ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:

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